Parliamentary Voting System and Constituencies Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 1 — Representation of the People Act 1983
104

Provision
Modification

In section 202 (interpretation),
In the definition of “prescribed”, after

the definitions in subsection
“regulations” insert “applied by Schedule 4 to the

(1) of “legal incapacity”, “legal
Parliamentary Voting System and Constituencies

process”, “person”,
Act 2010”.

5

“prescribed” and “universal

postal service provider”; and

subsection (2)

Section 204(3), (5) and (8)

(general application to

10

Scotland)

Section 205 (general

application to Northern

Ireland)

2     (1)
In relation to England and Wales, section 13B of the 1983 Act has effect for
15
the purposes of the referendum as if a reference to an election to which that
section applies included a reference to the referendum.
      (2)
In relation to Northern Ireland, section 13BA of the 1983 Act has effect for the
purposes of the referendum as if—
(a)
a reference to an election to which that section applies included a
20
reference to the referendum,
(b)
a reference to the final nomination day included a reference to the
eleventh day before the date of the poll for the referendum,
(c)
a reference in subsection (4) to an election included a reference to the
referendum, and
25
(d)
subsection (4)(b) referred also to the postal voters list or list of
proxies kept for the referendum under paragraph 16(2) or (3) of
Schedule 3.
      (3)
A reference in any enactment to section 13B or 13BA of the 1983 Act includes
(where the context allows) a reference to that section as modified by this
30
paragraph.
      (4)
Sub-paragraph (3) has effect, in relation to any register, until the first
publication after the referendum of a revised version of the register under
section 13 of the 1983 Act.
3
In sections 173 and 173A of the 1983 Act (which relate to incapacities where
35
a person has been convicted of a corrupt or illegal practice) a reference to a
person convicted of a corrupt or illegal practice includes a reference to a
person convicted of such a practice under a provision of the 1983 Act applied
by paragraph 1.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
105

Part 2
Other acts
Political Parties, Elections and Referendums Act 2000
4
Section 6A(4) of the 2000 Act (meaning of “relevant counting officer”)
applies for the purposes of the referendum as if for paragraphs (a) and (b)
5
there were substituted “in accordance with paragraph 2 of Schedule 1 to the
Parliamentary Voting System and Constituencies Act 2010.”
5
Section 9C of the 2000 Act (provision of information about expenditure)
applies for the purposes of the referendum as if for the words in subsection
(2)(c) after “in connection with” there were substituted “the referendum
10
under section 1 of the Parliamentary Voting System and Constituencies Act
2010.”
6
Section 128 of the 2000 Act (counting officers etc for referendums) applies for
the purposes of the referendum as if—
(a)
subsections (3), (4), (8) and (9)(b) were omitted;
15
(b)
in subsection (5), for “the area for which he is appointed” there were
substituted “the voting area for which he acts”;
(c)
in subsection (9), for paragraph (a) there were substituted—
“(a)
“voting area” has the meaning given by section 5(2) of
the Parliamentary Voting System and Constituencies
20
Act 2010;”.
Electoral Administration Act 2006
7
Section 71 of the Electoral Administration Act 2006 (restriction on powers of
arrest by persons other than constables) applies for the purposes of the
referendum as if the reference to section 60 of the 1983 Act (personation)
25
were to that section as applied by Part 1 of this Schedule.
Part 3
The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
8     (1)
The provisions of the relevant regulations listed in the first column of the
table apply for the purposes of the referendum; and for this purpose the
30
relevant regulations are—
(a)
the Representation of the People (England and Wales) Regulations
2001 (S.I. 2001/341) (referred to in this paragraph as “the England
and Wales Regulations”), and
(b)
the Representation of the People (Scotland) Regulations 2001
35
(S.I. 2001/497) (referred to in this paragraph as “the Scotland
Regulations”).
      (2)
In their application by virtue of this paragraph, those provisions have
effect—
(a)
with the modifications (if any) shown in the second column of the
40
table, and
(b)
with any other necessary modifications, including in particular those
set out in sub-paragraph (3).

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
106

      (3)
Except where the context otherwise requires—
(a)
a reference to a provision that is applied by this Schedule has effect
as a reference to that provision as so applied;
(b)
expressions are to be construed in accordance with the definitions
listed in section 7 of this Act and rule 53 of the referendum rules.
5
      (4)
In relation to the referendum—
(a)
regulation 45B(2) of the Scotland Regulations (restrictions on supply
etc of record of anonymous entries) has effect as if after sub-
paragraph (a) there were inserted—
“(aa)
a deputy of the registration officer acting in that
10
other capacity;”

and as if the references in sub-paragraph (b) to “that officer” were to
“a person mentioned in sub-paragraph (a) or (aa)”;
(b)
regulation 94(2) of the England and Wales Regulations (restrictions
on supply etc of full register) has effect as if after sub-paragraph (b)
15
there were inserted—
“(ba)
the Chief Counting Officer and any Regional
Counting Officer;
(bb)
any deputy of the Chief Counting Officer or any
Regional Counting Officer;”
20

and as if the references in sub-paragraph (c) to “any person
mentioned in paragraph (a) or (b)” and “any such officer” were
references to “a person mentioned in sub-paragraph (a), (b), (ba)
or (bb)”;
(c)
regulation 94(2) of the Scotland Regulations (restrictions on supply
25
etc of full register) has effect as if after sub-paragraph (a) there were
inserted—
“(aa)
any deputy of the registration officer acting in that
other capacity,
(ab)
the Chief Counting Officer and any Regional
30
Counting Officer,
(ac)
any deputy of the Chief Counting Officer or any
Regional Counting Officer,”

and as if the references in sub-paragraph (b) to “that officer” were to
“a person mentioned in sub-paragraph (a), (aa), (ab) or (ac)”.
35
      (5)
The provisions of the relevant regulations that apply for the purposes of the
referendum by virtue of this paragraph are in addition to the provisions of
the regulations that would apply for those purposes in any event.

Provision
Modification

Regulation 3(1) and (3)

40

(interpretation)

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
107

Provision
Modification

Regulation 4 (forms)
In paragraph (1)—

(a)
for paragraphs (a) and (b) substitute

“applications made under Part 1 of

Schedule 3 to the Parliamentary Voting

5

System and Constituencies Act 2010 and

Part 4 of these Regulations”;

(b)
“an election” substitute “the referendum”.

Paragraph (2) applies for the purposes of the

referendum only in so far as it relates to Form K in

10

Schedule 3 to the regulations.

Regulation 5 (applications,

notices etc)

Regulation 6 (electronic

signatures)

15

Regulation 8 (time)

Regulation 11 (interference

with notices etc)

Regulation 32A

(representations regarding

20

clerical errors)

Regulation 36(2) and (3)
In paragraph (2) omit “13A(2) or”.

(notices in connection with

registration)

Regulation 36A

25

(communication of notices

issued on polling day)

Regulation 50
Omit the definition of “allotted polling station”.

(interpretation of Part 4)

Regulation 51 (general
For “Schedule 4” substitute “Part 1 of Schedule 3 to

30

requirements for
the Parliamentary Voting System and

applications for an absent
Constituencies Act 2010”.

vote)

In paragraph (2)—

(a)
in sub-paragraph (b), for “paragraph 7(4) or

35

(7) of Schedule 4” substitute “paragraph 8(4)

or (5) of Schedule 3 to the Parliamentary

Voting System and Constituencies Act

2010”;

(b)
in sub-paragraph (f), for “paragraph 3, 4 or 7

40

of Schedule 4” substitute “paragraph 4 or 8

of Schedule 3 to the Parliamentary Voting

System and Constituencies Act 2010”.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
108

Provision
Modification

Omit paragraph (4).

For paragraph (5) substitute—

“(5)
An application that is made under Part 1 of

Schedule 3 to the Parliamentary Voting

5

System and Constituencies Act 2010 for the

purposes of the referendum must state that it

is so made.”

Regulation 51A (additional
In sub-paragraph (a)—

provision concerning
(a)
for “Schedule 4” substitute “Part 1 of

10

requirement that
Schedule 3 to the Parliamentary Voting

applications for absent vote
System and Constituencies Act 2010”;

must be signed)
(b)
for “returning officer” substitute “counting

officer”.

Regulation 51AA
In paragraph (1)—

15

(additional requirement for
(a)
in sub-paragraph (a), for “paragraph 3(1)

applications for ballot paper
or (7) or 4(1) of Schedule 4” substitute

to be sent to different
“paragraph 4(1) of Schedule 3 to the

address from that stated in
Parliamentary Voting System and

application)
Constituencies Act 2010”;

20

(b)
in sub-paragraph (b), for “paragraph 7(4) of

Schedule 4” substitute “paragraph 8(4) of

Schedule 3 to the Parliamentary Voting

System and Constituencies Act 2010”.

Regulation 51B (additional
In paragraph (1), for sub-paragraphs (a) and (b)

25

requirement for applications
substitute “paragraph 4(5)(a) or 8(5) of Schedule 3

for ballot paper to be sent to
to the Parliamentary Voting System and

different address from that
Constituencies Act 2010 by a person shown as

shown in records)
voting by post in the record referred to in that

provision”.

30

Regulation 52 (additional
For “paragraphs 3 and 4 of Schedule 4” substitute

requirements for
“paragraph 4 of Schedule 3 to the Parliamentary

applications for
Voting System and Constituencies Act 2010”.

appointment of proxy)

Regulation 55 (additional
For paragraph (1) substitute—

35

requirements for
“(1)
An application under paragraph 4(2) of

applications for proxy to
Schedule 3 to the Parliamentary Voting

vote in respect of a
System and Constituencies Act 2010 to vote

particular election)
by proxy in the referendum shall set out why

the applicant’s circumstances on the date of

40

the poll will be or are likely to be such that he

cannot reasonably be expected to vote in

person at the polling station allotted to him

under the referendum rules.”

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
109

Provision
Modification

In paragraph (2)—

(a)
for “paragraph 4(2) of Schedule 4”

substitute “paragraph 4(2) of Schedule 3 to

the Parliamentary Voting System and

5

Constituencies Act 2010”;

(b)
for “at the election for which it is made”

substitute “for the referendum”.

In paragraph (4) of the England and Wales

Regulations and in paragraph (3A) of the Scotland

10

Regulations—

(a)
for “paragraph 4(2) of Schedule 4”

substitute “paragraph 4(2) of Schedule 3 to

the Parliamentary Voting System and

Constituencies Act 2010”;

15

(b)
for “paragraph 2(5A)” substitute

“paragraph 2(6)”;

(c)
for “at the election for which it is made”

substitute “for the referendum”.

Regulation 56 (closing date
For paragraph (1) substitute—

20

for applications)
    “(1)
An application under paragraph 3(1), (6)

or (7) or 7(4) of Schedule 4 to the 2000 Act

or an application under paragraph 8(4) of

Schedule 3 to the Parliamentary Voting

System and Constituencies Act 2010 shall

25

be disregarded for the purposes of the

referendum, and an application under

paragraph 4(5) of Schedule 3 to the

Parliamentary Voting System and

Constituencies Act 2010 shall be refused,

30

if it is received by the registration officer

after 5 pm on the eleventh day before the

date of the poll for the referendum.”

In paragraph (2)—

(a)
for “a particular parliamentary or local

35

government election” substitute “the

referendum”;

(b)
for “at that election” substitute “for the

referendum”.

For paragraphs (3) and (3A) substitute—

40

    “(3)
Subject to paragraph (3A), an application

under paragraph 4(2) or 6(4) of Schedule 3

to the Parliamentary Voting System and

Constituencies Act 2010 shall be refused if

it is received by the registration officer

45

after 5 pm on the sixth day before the date

of the poll for the referendum.

Parliamentary Voting System and Constituencies Bill
Schedule 4 — Application to the referendum of existing provisions
Part 3 — The 2001 Regulations (England and Wales) and 2001 Regulations (Scotland)
110

Provision
Modification

    (3A)
Where an application made under

paragraph 4(2) of Schedule 3 to the

Parliamentary Voting System and

Constituencies Act 2010 is made—

5

(a)
on the grounds of the applicant’s

disability and the applicant

became disabled after 5 pm on the

sixth day before the date of the

poll for the referendum; or

10

(b)
by a person to whom paragraph

2(6) of that Schedule applies,


the application, or an application under

paragraph 6(4) of that Schedule made by

virtue of that application, shall be refused

15

if it is received after 5 pm on the day of the

poll for the referendum.”

For paragraph (4) substitute—

    “(4)
An application under paragraph 4(1) or

8(5) of Schedule 3 to the Parliamentary

20

Voting System and Constituencies Act

2010 shall be refused if it is received by the

registration officer after 5 pm on the

eleventh day before the date of the poll for

the referendum.”

25

In paragraph (5)—

(a)
after “paragraph 6(10) of that Schedule by

an elector” insert “, or a notice under

paragraph 6(6) of Schedule 3 to the

Parliamentary Voting System and

30

Constituencies Act 2010 by a person,”;

(b)
for “a particular parliamentary or local

government election” substitute “the

referendum”;

(c)
for “at that election” substitute “for the

35

referendum”.

In paragraph (6), after “bank holiday” insert “or any

day appointed as a day of public thanksgiving or

mourning”.

For paragraph (7) substitute—

40

“(7)
In paragraph (6) above “bank holiday”

means a day which is a bank holiday under

the Banking and Financial Dealings Act 1971

in any part of the United Kingdom.”

Regulation 57 (grant or
Omit paragraph (3).

45

refusal of applications)